Limitations of membership

We carefully consider each request for assistance, but there are some circumstances in which we are unlikely to help. The following, whilst not an exhaustive list, are some examples of where we are unlikely to provide assistance.

Matters which fall outside of healthcare indemnity

These may include, for example:

• Claims relating to property, including its damage or destruction.
• Claims relating to making, distributing or selling any product (product liability).
• Claims that relate to public or employers liability (for example a patient or member of staff falling on your premises).
• Pollution or environmental claims, other than relating to treating an individual patient who is injured or ill as a result of pollution.
• Claims arising from cyber-attacks and/or cybersecurity breaches.
• Claims and/or monetary penalties arising from data loss or data breaches.

Claims arising from your vicarious/extended liability

• Claims arising from your vicarious liability for any act or omission (i.e. failure to act) of a registered medical or dental practitioner, or any other healthcare professional*.
• Claims arising from the clinical practice or criminal act of your partner in a firm, including a general medical practice, or dental practice irrespective of any partnership agreements.

*Subject to agreement with MPS, some categories of membership extend the right to request assistance for claims arising from the vicarious liability of some employed healthcare professionals e.g. dental nurses and healthcare assistants.

Further information on our vicarious/extended liability policy can be found here.

Matters related to deliberate, reckless or criminal acts

Such as:

• Activities not related to the normal treatment of a patient, for example drink driving offences, possession of drugs or assault.
• Claims arising from the unlawful sale, supply or use of any substance.
• Matters arising from a deliberate intention to cause harm, or from a fraudulent, dishonest, malicious or reckless act or omission (including retrospectively altering clinical or other records).
• Claims arising from allegations of sexual harassment, sexual misconduct, unlawful discrimination or any other alleged unlawful conduct. 
• Criminal allegations arising from your personal interactions, unless brought before your professional regulator.

Matters related to personal conduct

MPS is unlikely to assist with matters relating to personal rather than professional conduct unless brought before your professional regulator.

Examples of personal conduct include (but would not be limited to):

• Allegations relating to bullying and harassment.
• Allegations relating to dishonesty.
• A failure to comply with basic employment and/or professional requirements (for example failure to attend mandatory training courses, failure to comply with appraisal and/or revalidation requirements).
• A failure to meet a prescribed academic standard. 

Matters of commercial interest

Such as: 

• Partnership, employment or agency disputes (whether contractual or otherwise), or compensation claims. 
• Fee scales and recovery of charges for work you have carried out.
• Claims arising from your involvement in the clinical management or assessment of a professional sports person where the claim is brought by a party other than the patient or their dependants – for more information on treating professional sports people click here. 
• Assistance with claims brought by any employer, agent, contractor or sponsor of an individual patient or the organiser or owner of any event for which you provided professional services.
• Issues arising from commercial contracts or arrangements, or related to any trading or personal debt you may have, including claims arising from your insolvency or bankruptcy.
• Investigations or administration fines brought by competition authorities, the information commissioner, or any regulatory or supervisory body, excluding your professional regulatory body.
• Any indirect or consequential loss or loss of profits or earnings by you or your practice.
• Legal expenses or costs if you pursue a grievance or claim of defamation or discrimination against someone else.

Other matters which may not be in the wider interests of our members 

Such as:

• Personal costs arising from your attendance at court, hearings or meetings with us about a case, or the costs of any locum cover you may arrange.
• Claims made by someone other than the subject or recipient of a professional or expert report you provided.
• Assistance with applications to professional lists or registers e.g. Medical Register.
• Damages awarded in a claim for defamation against you. 
• Claims arising from material published or broadcast by you, or on your behalf, or to which you have contributed.
• Claims arising in a jurisdiction not covered by your membership.
• Matters arising from your failure to meet the legal or regulatory requirements of another country in which you were practising.
• Claims made under US and Canadian law or brought in the US or Canadian courts. For further information please click here.